Professional Documents
Culture Documents
domestic violence
Abusers
in the workplace
a video toolkit
for employers
__________________________________________________________________________________________
104 Sewall St., Augusta, ME, 04330 (207) 430-8334 (admin. only) fax (207) 430-8438 info@mcedv.org
Crisis intervention, advocacy, safety planning, and shelter for survivors of domestic
abuse;
Consultation and training for employers on workplace responses
Domestic abuse response and prevention education for service providers, schools,
community groups, and organizations
Human Resources
Loss Prevention/Security
Employees/Associates
Public Relations
Legal Department
Employee Assistance Program
Union Representative (if applicable)
III. Provide your response team with a comprehensive domestic violence and abuse response
training developed and delivered in collaboration with your local domestic abuse
organization.
Training will assist team in:
IV. Through your response team, develop and roll out a Non-Violence
Policy Statement that says:
V. Define the roles of Managers and Supervisors, Loss Prevention, Security, Human
Resources, EAP, and other identified responders when domestic violence and abuse
cases come forward.
Provide training to all parties who play key roles
Emphasize goals of increasing safety for abused employee and accountability for
abusive employees
Create response protocols
Define confidentiality and protocol for determining who may need to know certain
information and how that information is to be shared and documented
Invite advocates from local domestic abuse agencies and batterer intervention
programs to conduct lunch and learn sessions
Provide domestic abuse organization service brochures and safety cards in private
locations such as restrooms
Post the domestic violence policy
Offer information in employee newsletters, place hotline numbers on pay stubs,
and/or send e-mail reminders about domestic abuse
Create a culture of safety that encourages abused employees to come forward for
assistance and resources, and encourages abusive employees to take responsibility
for their behavior and seek appropriate assistance
VIII. Be an active community leader in helping to end domestic violence and abuse.
Acknowledgements:
Employers Against Domestic Violence,
Mintz Levin, One Financial Center, Boston, MA 02111 (617) 348-3027
Domestic Violence Toolkit
Quick Facts: Domestic Violence Abusers in the Workplace
Page 1 of 2
iAdverse Health Conditions and Health Risk Behaviors Associated with Intimate Partner Violence, Morbidity and Mortality Weekly
Report. February 2008. Centers for Disease Control and Prevention.
Available at www.cdc.gov/mmwr/preview/mmwrhtml/mm5705a1.htm
Corporate Alliance to End Partner Violence, 2005. CAEPV National Benchmark Telephone Survey. Retrieved January 3, 2010 from
ii
http://www.caepv.org/about/program_detail.php?refID=5
Corporate Alliance to End Partner Violence, 2007. CEO & Employee Survey 2007. Retrieved January 3, 2010 from
iii
http://www.caepv.org/about/program_detail.php?refID=34
iv Paymar, M., Violent no more: Helping men end domestic abuse. Alameda, CA: Hunter House Publications, 2000
vCosts of Intimate Partner Violence Against Women in the United States. 2003. Centers for Disease Control and
Prevention, National Center for Injury Prevention and Control. Atlanta, GA. Retrieved January 9, 2004.
http://www.cdc.gov/ncipc/pub-res/ipv_cost/IPVBook-Final-Feb18.pdf
vi Costs of Intimate Partner Violence Against Women in the United States. 2003. Centers for Disease Control and
Prevention, National Center for Injury Prevention and Control. Atlanta, GA. Retrieved January 9, 2004.
http://www.cdc.gov/ncipc/pub-res/ipv_cost/IPVBook-Final-Feb18.pdf
vii Maine Department of Labor and Family Crisis Services, Impact of Domestic Violence Offenders on Occupational Safety & Health:
Similarly, Employers Against Domestic Violence (Boston, MA) conducted focus groups with convicted male domestic violence
viii
offenders, and asked them about the impact their behavior had on their workplaces, and found that:
Abusers made costly and dangerous mistakes on the job as a result of perpetrating domestic violence
Most abusers used company phones, e-mail, and vehicles in order to perpetrate domestic abuse
Most abusers used paid work time in order to attend court for matters relating to their perpetration of domestic violence
Most employers expressed support for the abuser (but few expressed concern for the victim)
10% of employers posted bail for abusers or granted them paid leaves of absence for court dates related to domestic
violence
(Employers Against Domestic Violence, 2001, retrieved from
http://www.employersagainstdomesticviolence.org/batterers.html)
ix Several studies have indicated that unemployed male abusers pose a particular risk to the women they partner with:
Campbell et al found that unemployment of the batterer was the greatest homicide risk factor for abused women. in a
study femicide (Campbell, J., Webster, D., Koziol-McLain, J., Block, C., Campbell, D., Curry, M. (2003). Risk factors for
femicide in abusive relationships: Results from a multisite case control study. American Journal of Public Health, 93 (7)).
A publication from the National Institute of Justice Special Report on batterer intervention programs showed that
offenders employment demonstrated a strong tendency to relate to victims reports of severe physical violence.
Women involved with, but not married to, younger jobless men were more likely to report incidents of severe physical
violence (U.S. Department of Justice, Office of Justice Programs. (2003). Batterer intervention programs: Where do we go
from here? (NCJ 195079). Washington, D.C.: Author, p.10).
In addition, an alternative sanctions project evaluation in Polk County, Iowa found that a domestic violence offenders
jobless status when he entered a batterer education program was a key risk factor for both domestic violence and non-
domestic re-arrest (Polk County BEP Alternative Sanctions Project: Executive Summary. (N.D.) Polk County, Iowa. Retrieved
September 30, 2009 from
http://ised.us/sites/default/files/Polk%20County%20Alternative%20Sanctions%203%20year%20Report.pdf
Project Acknowledgments
Domestic Violence Toolkit
Best Practices for Employers Responding to
Domestic Violence Abusers in the Workplace
Page 1 of 19
Domestic violence and abuse involves a pattern of coercive behaviors that is used by a person to
gain and maintain power and control over current or former family members or intimate partners.
This can include: physical and sexual violence, emotional and psychological intimidation, verbal
abuse and threats, stalking, isolation, harm to children, economic control, destruction of personal
property, and animal cruelty.
Domestic violence is a serious workplace issue that often goes unrecognized and unnoticed. Over
the past ten years, a growing body of evidence has documented the need for specific business
responses to domestic abuse. For the most part, these responses have been focused on supporting
domestic abuse victims and survivors when abusers stalk and harass them at work, or otherwise
sabotage their ability to maintain employment. Today, several national organizations and state
domestic violence coalitions are prepared to assist employers with supportive and safe responses
for employed victims and survivors.
However, creating a safe and accountable response to abusers in employment settings has not yet
been examined in a formal, dedicated manner. The need for such a task has been clearly
demonstrated in research conducted by the Maine Department of Labor and Family Crisis Services
and published in a 2004 report entitled Impact of Domestic Violence Offenders on Occupational
Safety and Health: A Pilot Study. Through interviews with 152 offenders enrolled in court-mandated
batterer intervention programs, investigators found compelling reasons for employers to take
notice when offenders report to work. Over three-quarters of offenders used workplace resources
at least once to express remorse or anger, check up on, pressure, or threaten the victim; nearly
three-quarters of supervisors were aware of the offenders arrest but rarely discussed the criminal
nature of the behavior leading to the arrest with the employee; and over 15,000 hours of work time
were lost to the 70 men who could not report to work because of the consequences of their
conduct. Finally, nearly one-fifth of the sample reported a workplace accident or near miss
accident from inattentiveness due to pre-occupation with their relationship. (To view the complete
report, visit the Maine Department of Labor, Bureau of Labor Standards website for research at
www.maine.gov/labor/labor_stats/publications/dvreports/domesticoffendersreport.pdf).
This effort seeks to address domestic violence and the workplace by responding directly to the
source of the problem abusers. The objective is not to prevent abusers from having gainful
employment, nor is it to create a hostile work environment for those whose conduct results in legal
action against them, whether civil or criminal in nature. It is an effort to engage employers in
encouraging a respectful workplace and healthy relationships. Employees will recognize that
accountability extends beyond the police and courts as employers consistently apply discipline
when abusive conduct adversely affects the workplace. Over time, this will make a meaningful
contribution toward ending domestic violence and abuse.
This Best Practices document was created to assist employers who have already developed a
workplace response to domestic abuse but who have not yet incorporated specific responses to
abusers, or seek to improve their current responses. The strategies below should not stand alone,
but be integrated within an overall domestic violence workplace policy that identifies responses to
both survivors and abusers in employment settings. Because of this, only limited attention will be
given to the development of the employers comprehensive response program and its
foundational steps, such as creating a policy development team and comprehensive policy.
Instead, each section will list a best practice regarding response to offenders, policy component,
Domestic Violence Toolkit
Best Practices for Employers Responding to
Domestic Violence Abusers in the Workplace
Page 2 of 19
procedure, employer options, and language where appropriate. In addition, each section will
contain referrals for additional information.
The best practices below are designed to provide employers the leadership tools to create a
workplace culture that 1) supports healthy lives and relationships/wellness, and 2) upholds the
highest standards of safety. Each best practice, when exercised in the context of the whole,
identifies appropriate opportunities for employers to participate in holding abusers accountable for
their abusive behaviors, outlines employer options regarding expectations of employees, and
places these actions within a framework of employer support for survivors of abuse.
Getting Started
Best Practice 1: Engage the local or statewide domestic violence prevention program as a partner in
development, training, and ongoing consultation regarding domestic violence in the workplace. A list
of the programs in Maine, including contact information, is available at
http://www.mcedv.org/MemberPrograms.htm.
Best Practice 2: Develop a domestic violence workplace policy and corresponding standard
operating procedures to support the policy. This should be accomplished through collaboration
between an internal team, representative(s) from your local domestic violence prevention program
and/or a national resource such as the Corporate Alliance to End Domestic Violence (CAEPV). Tailor
the policy and procedures to size and resources of the organization. The policy addresses one
particular type of employee misconduct, so should be proactively integrated with existing
employment policies and union contracts, when applicable. Internal policies that support and
strengthen the domestic violence policy codes of conduct, threats of violence, and sexual
harassment policies should be cross-referenced in the policy manual, standard operating procedure
documents, and employee handbook.
If the workforce is represented by a union, the internal team might include representatives from the
union. Although not necessary, a labor-management initiative may promote overall acceptance and
cooperation in enforcement of the companys policy.
Some employers may wish to build the domestic violence and abuse component into existing policies
(safe workplace, threats of violence, sexual harassment, misuse of company property, e-
mail/telephone usage) as opposed to investing additional time and resources into creating a
separate, new domestic violence policy. This is an option, although we maintain that best practice is a
free standing, domestic violence workplace policy. A free standing policy elevates the importance of
a respectful workplace culture, and also puts domestic violence related employer responses in one
place, which is helpful procedurally as domestic violence and abuse can encompass many different
behaviors in the workplace.
For smaller employers who do not create extensive policies, the Occupational Safety and Health Act
General Duty Clause 29 U.S.C. 654 5(a)(1) also provides a framework to create workplace
responses to domestic violence related risks.
All employers can consider posting a list of state-specific employment laws relating to domestic abuse,
along with community resources available to assist those affected by domestic abuse. In Maine, the
Department of Labor has created an optional employment poster, available at
http://www.maine.gov/labor/posters/domesticviolence.pdf.
Domestic Violence Toolkit
Best Practices for Employers Responding to
Domestic Violence Abusers in the Workplace
Page 3 of 19
Abuser specific: At a minimum, the program should include strategic training for the policy
development team, threat assessment team members, senior level managers, supervisors, security,
human resource personnel, and other personnel who would be assessing risk and providing in-depth
assistance and responses to abusers in the workplace. Strategic training should include:
Best Practice 4: Screen potential employees for violent and abusive behaviors.
Policy Language: Company XYZ utilizes a pre-employment process to ensure our company makes the
best hiring decisions possible in a competitive labor environment. The pre-employment process
includes a criminal background check and both personal and professional references. Company XYZ
Domestic Violence Toolkit
Best Practices for Employers Responding to
Domestic Violence Abusers in the Workplace
Page 4 of 19
reserves the right to withdraw an offer of employment and/or terminate an employee based on
information obtained during the pre-employment background check process.
Procedures: At a minimum:
Inquire about applicants criminal history in paper or on-line application, or during a personal
interview. Application questions may include: Have you been convicted of a crime? How
long ago? What was the crime?
If the applicant acknowledges a conviction, follow up with questions in the interview. Follow-up
questions may include: You indicate you were convicted of a crime two years ago. What was
the crime? What was the resolution/sentence? Are you currently on probation? Are there any
conditions limiting your movements or behavior in connection with this or any other criminal or
civil court order? Note: It is important for employers to be able to verify information that the
applicant provides them. Questions about previous criminal conduct should be limited to only
those that can be verified through the courts and/or local law enforcement.
Reserve right to terminate if applicant has falsified information.
Determine and document information to seek in background check for all classes of
employees.
As part of hiring process, conduct a criminal background check that includes criminal
convictions for last seven years.
Include a statement that reinforces healthy relationship culture.
Ask for personal and professional references. Ask the primary references for two additional
people who know the individual.
Use the pre-employment process to orient potential employees to the respectful workplace
culture by using a tagline before applicant signature:
Company XYZ is committed to the physical and emotional safety and well-being of its
employees, both within and outside of the workplace. We expect our employees to uphold the
highest standards of respectful behavior within our workplace, and will vigorously investigate
conduct that is or is perceived to be harassing or threatening to fellow employees, clients,
customers, or vendors.
Options: Conduct integrity testing as a pre-screening tool. For more information about integrity testing,
see Appendix B.
Best Practice 5: Evaluate information gathered in the criminal background check process in a
comprehensive, consistent manner.
Rationale: Information gathered in the criminal background check process is only as good as its
analysis. It is critical to develop a comprehensive and informed analysis method that includes training
for security and other personnel who are interpreting the results. A thorough understanding of
domestic abuse is necessary, including knowledge of the local courts, classes of crimes, and types of
conduct likely to result in particular convictions.
A pre-employment matrix can be a useful tool to examine background check results in an informed
and meaningful way. The goal of a matrix is to weigh past criminal behavior against workplace
expectations, job responsibilities, and the employment culture. The matrix should incorporate
Domestic Violence Toolkit
Best Practices for Employers Responding to
Domestic Violence Abusers in the Workplace
Page 5 of 19
knowledge about domestic violence, classes of crimes, and types of conduct mentioned above. For
an example of a pre-employment matrix, see Appendix C.
Policy Language: Company XYZ is committed to the consistent and fair analysis of background
check results, and relies on both trained security and human resources personnel and a pre-
employment matrix to synthesize information gained in the pre-employment background check
process.
Procedures:
At a minimum:
Conduct research on the local courts, classes of crimes, and types of conduct likely to result in
convictions for domestic violence-related criminal conduct.
Develop a matrix system that will be utilized to evaluate pre-employment conduct arising from
a criminal background check.
Matrix should consider at a minimum:
severity of offense
how much time has elapsed since the offense
nexus between offense and job expectations
whether applicants presence would negatively impact employee morale or
productivity
whether applicant would/could represent a threat to other employees, customers or
clients
whether hiring applicant would be compatible with organizations violence-free
culture
Ensure that domestic abuse training is provided for all personnel responsible for analyzing
background check results (see Getting Started, pg. 2).
Options:
Small employers who do not have the capacity to conduct background checks may turn to
law enforcement, previous employer (may or may not provide information.), friends, family, and
acquaintances.
This is John Black, the owner here at Company XYZ, and Ive received an employment
application for Joe Smith who says on his application here that he has lived in Anytown, USA for
the past five years. I just wondered if you could tell me anything about Mr. Smith in your
capacity as the local police chief, since I dont run standard background checks.
Best Practice 6: Orient your new employee to the respectful workplace culture within the first few
weeks of hire and continue to reinforce this message throughout the employees tenure.
Rationale: Setting and maintaining expectations is an integral step in ensuring a respectful workplace.
Employers have an opportunity to establish and reinforce a commitment to healthy relationships and
a healthy workplace through consistent procedures such as orientation, use of written materials, policy
sign-offs, and workplace safety or wellness meetings. Employers can make a meaningful contribution
by talking openly about domestic violence as a workplace issue and equating healthy, non-
controlling relationships with healthy employees.
Domestic Violence Toolkit
Best Practices for Employers Responding to
Domestic Violence Abusers in the Workplace
Page 6 of 19
Policy Language: Company XYZ is committed to providing all associates with the necessary
information to have a successful and productive work life. All employees are required to attend new
employee orientation within # weeks of hire in order to receive important information about Company
XYZ benefits, policies, procedures, and workplace safety. In addition, Company XYZ expects all
employees to be in compliance with required trainings, including sexual harassment and domestic
violence information sessions.
Procedures:
At a minimum:
Design an orientation session that incorporates information about the perpetration of domestic
violence and its effects on the workplace. Reference implications for workplace safety.
Reinforce the employers commitment to encouraging the physical and emotional health of
employees both on and off the job. For more information on key orientation points, see
Appendix D.
Ensure that the orientation session leader is fully trained and prepared to respond to questions
and comments about domestic violence. Do NOT put an improperly trained orientation leader
in the session and expect her/him to be able to respond appropriately to difficult comments
and questions. Domestic violence advocates can assist by training orientation leaders or
collaborating in the delivery of the orientation sessions.
Provide and discuss resources available to employees who are abusers or survivors.
Include information about the perpetration of domestic violence in new employee packets, in
employee handbooks, in electronic HR materials and policy books accessible by employees,
where appropriate, and in physical locations throughout the workplace.
Incorporate information about the perpetration of domestic violence into the workplace safety
group and its annual agenda.
Incorporate information about the perpetration of domestic violence in employee assistance
program materials.
Options:
Employers are increasingly utilizing web-based and other electronic training tools. This type of
training may be an option to maintain employee exposure to the concept of healthy
relationships/healthy workplace. For more information on existing web-based domestic
violence training tools, see Appendix E.
Videos are also an excellent resource. For information on existing workplace videos regarding
domestic violence, see Appendix F.
Partner with advocates from the local domestic violence program to help strategize for and/or
deliver trainings.
Best Practice 7: Screen for violent and abusive conduct during changes in job status, such as
promotion or transfer.
Rationale: Employees may be hired for non-sensitive (sensitivity refers to the degree of risk and level of
relative importance assigned to a specific position) positions even with a background check that
shows some degree of criminal behavior or misconduct. These same employees may later be re-
assigned through job transfers or promotion. Employers must implement a re-evaluation procedure at
this point in time, as new positions may entail significant differences in responsibility, access to both
Domestic Violence Toolkit
Best Practices for Employers Responding to
Domestic Violence Abusers in the Workplace
Page 7 of 19
human and material company resources, and changes in public contact. Pre-hire conduct and
background check should be analyzed against this new set of responsibilities. In addition, integrity
tests may provide additional useful information about employee behavior. For more information
about integrity testing, see Appendix B. Remember that companies must be familiar with and observe
laws in their own states related to discrimination against ex-offenders and, in unionized settings, there
must be a connection/nexus between a criminal history and the employees job function in order to
base hiring or employment decisions on the existence of a criminal history.
Policy Language: Company XYZ encourages all of its employees to grow and develop their skills,
knowledge, and professional expertise. Transfers and promotions are both expected and encouraged
when appropriate. In order to ensure the highest levels of workplace productivity and safety,
Company XYZ has established transfer and promotion procedures that may include integrity testing, a
review of the employees original application and background check materials, and/or a request for
a new criminal background check.
Procedures:
At a minimum:
Review original application materials and original background check during internal transfer or
promotion process.
Establish and document criteria to determine when a job re-assignment will trigger a request for
an additional criminal background check. This could include movement from an exempt to
non-exempt position or from employee to supervisor. It could also include movement into a
position determined to be sensitive, that increases access to company information, is markedly
different from the position the employee had held previously, or that increases public contact.
In situations that do not rise to the level of a second background check, include an opportunity
for the applicant to reaffirm that there is no new criminal conduct since the original
background check.
Options: Re-apply the original hiring matrix upon job transfer or promotion.
Best Practice 8: Investigate both internal and external allegations of abusive, threatening, harassing,
and/or violent conduct, and respond with an appropriate measure of accountability.
Externally, employers become aware when an employees conduct results in media reports, through
law enforcement actions and investigations, or when a survivor, attorney, or process server contacts
the workplace. Employees may be arrested, become subject to a protection order, become
incarcerated, lose work time, and have multiple court dates. While it is important to respect employee
privacy, an employer also has an obligation to respond to employee conduct as it affects workplace
safety and productivity.
Domestic Violence Toolkit
Best Practices for Employers Responding to
Domestic Violence Abusers in the Workplace
Page 8 of 19
Therefore, employers should conduct personnel investigations into allegations of abusive, threatening,
harassing, and/or violent conduct on the part of an employee to determine if there is a threat or
potential threat to workplace safety. The investigation should be timely, targeted, and confidential. It
should carefully follow the procedural requirements for personnel investigations that may exist by virtue
of company policy or union contract. The employer should then act accordingly based on information
gained.
Employers must carefully consider their actions when they have an employee who exhibits abusive,
threatening, harassing, and/or abusive behavior. Employers may face liability (negligent hiring,
supervision, retention) if they are aware that an employee may present a threat to others in the
workplace and they fail to address it. Employers may also be liable for harassment issues, even if they
werent directly aware, because it can be argued that they should have been aware of such
activities in the workplace.
In cases of arrest, it is not unusual for employees to turn to an employer to post bail, particularly in a
smaller business setting where company owners know their employees well. In these settings, each
employee plays a vital role and one persons absence from the job site can have a critical impact.
Even so, employers should carefully consider the potential impact of such action. The business owners
decision to provide bail in a domestic violence case could have severe consequences for the safety
of the survivor, public safety, and public relations should the employee commit another criminal act
while on bail. The employers difficult labor situation and/or need to get the employee back to work
quickly should not outweigh the safety of others: employees, clients, customers, or the general public.
In all cases, formal discipline should begin when the workplace is adversely affected. While an
employer may find an employees off-duty conduct morally repugnant, disciplinary action must be
based on the reported and documented effects to the workplace (or nexus to the workplace) and
should not reference the employers distaste for the conduct. While criminal convictions provide
added impetus to the employers case for discipline, arrests and/or or multiple arrests may also be
grounds for discipline, up to and including termination. Depending on the circumstances of the crime,
the effect on the workplace, and the employers documented policies, private employers may at
times terminate an employee based on an arrest alone. It would be best practice to seek the advice
of counsel before terminating an employee based on an arrest or conviction for off-duty domestic
violence.
Policy Language: Company XYZ is committed to the physical and emotional safety and well being of
its employees, both within and outside of the workplace. We expect our employees to uphold the
highest standards of respectful behavior within our workplace, and will vigorously investigate conduct
that is or is perceived to be abusive, threatening, harassing, and/or violent to fellow employees,
clients, customers, or vendors. Disciplinary action may be taken upon the results of the investigation,
up to and including termination.
In addition, Company XYZ encourages its employees to uphold the highest standards of respectful
behavior in their homes and in the communities in which they live. To the degree that an employees
abusive, threatening, harassing, and/or violent conduct outside of the workplace becomes known to
Company XYZ and has the potential to adversely affect the workplace and/or workplace safety, it will
be investigated. Disciplinary action may be taken upon the results of the investigation, up to and
including termination.
Domestic Violence Toolkit
Best Practices for Employers Responding to
Domestic Violence Abusers in the Workplace
Page 9 of 19
Procedures:
At a minimum:
Identify types of reported conduct that will trigger an investigation to inform employees and
managers about employer expectations and consequences.
As with all areas of misconduct in the workplace, consider procedural policy or union contract
requirements.
Review original application and background check materials upon acquiring information
about an employees alleged internal or external conduct that is abusive, threatening,
harassing, and/or violent. This first step should help to determine if the employees alleged
conduct is a pattern of behavior.
Document the facts of the case as presented to you, including where and how the information
was obtained, time and date of report, time and date of employees alleged conduct, known
witnesses, actions already taken, and current status of employee.
Convene the workplace team that investigates allegations of misconduct.
In an investigation of internal conduct, immediately interview witnesses and document their
responses.
If written procedures necessitate an investigation of external conduct:
o Interview any internal witnesses who may have witnessed the external conduct. Record
the information gathered.
o Contact local law enforcement to gather information.
Has this happened before?
Was this a violent crime?
Was the employee arrested?
Was the victim injured?
What were the circumstances?
What was the charge, if any?
Do I need to be concerned for this persons safety or the safety of the people
around him/her?
Meet with the employee to provide an opportunity to respond to the allegations.
Document the meetings date, time, participants, and information gained from
employee. [Note: There are restrictions governing the interviewing of accused
employees in unionized settings.]
o Assess the information and workplace impact.
What is the credibility of the information?
Are the sources reliable?
Does an investigation reveal that this is a pattern of conduct?
Is the employees story consistent with law enforcement or other credible
sources?
What is the impact to the workplace?
Is there any indication that the employee has used company resources to
engage in abusive, harassing, threatening, and/or violent conduct?
Has the workplace been adversely affected?
Are co-workers aware of the alleged offense/misconduct?
Will this employees return to work result in fear, reduced productivity, or
other negative consequences?
Will the employees work unit be adversely affected should the employee
lose work time?
Domestic Violence Toolkit
Best Practices for Employers Responding to
Domestic Violence Abusers in the Workplace
Page 10 of 19
Best Practice 9: Comply with service and requirements of civil orders of protection.
Rationale: Victims and survivors of domestic violence and abuse access multiple sources of help while
trying to be safe from an abuser. At times, survivors may turn to the local court and ask a judge to issue
a civil order of protection, also called a protective order or restraining order. This is an effort on the part
of the survivor to prevent the abuser from continued abuse, and may include limiting contact whether
direct (phone calls, visits, emails from the abuser) or indirect (having a co-worker, family member, or
friend of the abuser contact the survivor). While a protection from abuse or protection from
harassment order is a civil matter, violation of the order is a criminal offense. However, violation of a
protection order is not actionable until the subject of the order (the defendant) has received notice
that the order has been issued. Therefore, law enforcement agencies or process servers may contact
the defendants employer to learn of the defendants whereabouts so that the defendant can be
served.
Service of protection orders can be very challenging in cases where the defendant deliberately
avoids service. Employers should not interfere with the service of protective orders by protecting the
employee, warning the employee, or not allowing the server access to the employee. Rather,
employers have an opportunity to strengthen the respectful workplace and healthy relationship
culture by: 1) facilitating the orderly service of protection orders that involve their employees; and 2)
by creating a work plan so that an employee who is a defendant can comply with the conditions of a
protection from abuse order as it affects the employees job. The latter may happen when both the
survivor and offender are employed in the same workplace and one obtains a protective order
against the other, or when an employees regular job responsibilities (for example, a driver who
delivers products to multiple locations) places that employee in contact with the survivor (who is
employed at one of the delivery points).
Employers have many options to assist with the orderly service of protective orders and can develop a
process that protects the confidentiality of the defendant while also supporting the civil court process.
Policy Language: Company XYZ will provide limited employee information to law enforcement
officials, court officers, and civilian process servers on a case by case basis, and will facilitate service
of, and compliance with, civil orders that affect the workplace.
Procedures:
At a minimum:
Research the protection from abuse and harassment process in your area. Determine how
protective orders are served and who serves them. This information can be obtained by
contacting the local court or a law enforcement agency.
Domestic Violence Toolkit
Best Practices for Employers Responding to
Domestic Violence Abusers in the Workplace
Page 12 of 19
Provide local process servers and their employer (court, sheriffs department, police
department) with your companys written policy on service of protective orders.
Identify a company contact (security, general manager, human resource person) for process
servers to notify when service must be made to employees.
Determine a routine process for service of protective orders and other legal documents.
Options:
o The company contact may make arrangements to have the process server come to a
private location at the worksite so service can occur there. The employee may request
having a member of security or human resources present if desired.
o The company contact noted above can alert the employee that a process server has
been in contact and that the employee needs to resolve this personal matter outside of
the workplace as a condition of continued employment.
Discuss and respond as a performance issue if an employee refuses to be available to a
process server, as this interferes with the functioning of the business.
Proactively support an employee who is a defendant in a protection order by helping the
employee to abide by conditions of the order. For example, discuss the possibility of phone
calls or visits from the survivor at the workplace, and create a plan to respond by installing
caller ID if none exists, or by alerting the employee if the survivor is on the premises so he can
remain in his own workspace. Do this in a manner that acknowledges the difficulty of the
circumstances and the possibility the survivor may try to have contact, but not in a way that
colludes with the employees abusive conduct or sides against the survivor.
In cases where one co-worker obtains a protective order against another, any employment
changes necessary to comply with no contact or other conditions should inconvenience the
defendant and not the survivor. For example, the survivor should not be penalized by being
relocated to a different department, having to alter her/his hours, or being moved to alternate
physical workspace.
Best Practice 10: Develop a protocol for a separation of employment that incorporates safety of all
personnel and a respectful process for the terminated worker.
Rationale: A separation process protocol should be part of the tool box of policies and procedures
that address workplace response to domestic violence, before there is an emergency situation
requiring termination of employment. Having such a protocol in place, and staff trained to carry out
the process, are key steps toward enhancing the safety of the employer, employee, co-workers, the
survivor, and the public when termination of employment is necessary.
Employers should be careful to recognize the potential danger to survivors of domestic abuse when
the abusers employment is terminated. Actions taken against the abuser can directly impact the
survivor in the form of retaliation, loss of financial support, and increased danger to the survivors
physical and emotional safety. In cases when an employer is concerned that an abusive employee
may become violent following termination, employers can enhance victim safety by alerting local law
enforcement and/or providing de-identified information to the local domestic violence program for
help in analyzing potential safety issues.
Employers should also note that their sphere of influence is legally and ethically limited to the
employee and employment setting alone. Employers should not directly contact a non-employee
spouse or partner with information about a pending termination.
Domestic Violence Toolkit
Best Practices for Employers Responding to
Domestic Violence Abusers in the Workplace
Page 13 of 19
In cases where the survivor is an employee, it may be necessary to create a workplace safety plan to
ensure the survivors safety both during and post-termination. In addition, an employer can refer the
survivor to the local domestic violence program and the Employee Assistance Program for additional
support and personal safety planning.
Policy Language: Company XYZ follows established procedures during separation of employment.
These procedures are designed to ensure a respectful and safe separation process.
Procedures:
At a minimum:
Evaluate and document the results of the investigation, the severity of the employees actions,
the employees past performance and behaviors, and impact on company productivity,
liability, and employee morale. This thorough and documented evaluation serves as the basis
for the decision to terminate.
If in a unionized setting, carefully follow procedural requirements for termination.
Conduct a risk assessment (employee, employer, co-workers, witnesses, survivor, the public)
and involve security or law enforcement if necessary. Gather all essential data and make an
informed assessment of the impact of possible next steps.
In cases where the survivor is an employee and the risk assessment deems it necessary, create
a workplace safety plan with the survivor before the separation process begins, and refer the
survivor to the local domestic violence program and Employee Assistance Program for
additional support and personal safety planning.
Ensure that the employee clearly understands the relevant policies, as well as which policies
were violated.
Provide the employee an opportunity to explain his/her actions (in the presence of a union
representative if in a unionized setting).
It is important that the process is respectful and represents both the employer and the
employees perspective.
Ensure the safety of the company representative delivering the termination decision; alert or
involve security if necessary. Consider who should deliver the message or be part of the
discussion, based on the risk assessment, and where the discussion should occur, onsite or off.
Have a plan to protect the person delivering the message in the event the employee becomes
aggressive. Discuss possibilities and work out a plan of action.
If the survivor is an employee, review the workplace safety plan together with appropriate
parties who will implement the plan. Make a date to check in at a future time to review next
steps.
If the survivor is a non-employee and the risk assessment deems it necessary, contact local law
enforcement or the survivors attorney, if known, to notify them of possible safety concerns
following the termination. The employer may also contact the local domestic violence program
and express concern for the non-employee survivor, without providing details of the action
taken against the abuser/employee. Contact should not be made directly to the non-
employee survivor.
If necessary, consider a court order forbidding contact with the workplace.
Implement additional security procedures/precautions within the workplace as deemed
necessary based on the risk assessment, and review periodically until the danger has passed.
Law enforcement agencies may be able to provide suggestions and/or services to enhance
safety in these circumstances.
Domestic Violence Toolkit
Best Practices for Employers Responding to
Domestic Violence Abusers in the Workplace
Page 14 of 19
Domestic Violence affects people regardless of race, ethnicity, class, sexual and gender identity, religious
affiliation, age, immigration status and ability. Because victims of domestic violence may experience the
abuse in culturally specific ways, employers should consider the cultural background and the unique issues
faced by the victim and abuser in order to tailor a response to meet their needs. Most likely, your human
resources department has existing guidelines to follow.
Deaf and disabled women experience domestic abuse at the same rate as their non-disabled peers but
the violence is different:
Whether they are the person abused or the abuser, deaf and hard of hearing (D/HH) employees often do
not have access to resources for advocacy, legal address, or treatment. Many local resources do not have
TTY, videophone or sign-language services and have no training in serving D/HH people. Deaf Communities
are small communities; there is a greater fear that word will leak out and they could be ostracized from the
community. People who are D/HH deaf or severely hard of hearing rely on visual means to communicate
over telephone lines which may be overseen or accessed by their abuser.
The workplace may be the only safe place for them to telephone to disclose or seek assistance. Employers
can assist by ensuring that employees have access to private TTY or videophones and that domestic
violence policies and materials contain TTY and videophone numbers for local domestic violence resources
and national hotlines. Policies and materials should be written in clear and simple English and state who
may disclose information and to whom. Any domestic violence response teams should ensure that
interpreters are available if needed to communicate with a survivor or an abuser. If an interpreter is
needed, the deaf employee should be asked for names of preferred interpreters or be made aware of the
name of the interpreter and have an opportunity to ask for a different interpreter before the meeting if they
have concerns about the interpreters behavior around confidentiality and work-community boundaries.
Appendix A
III. Provide your response team with a comprehensive domestic violence response training
developed and delivered in collaboration with your local domestic abuse program.
Training will assist the team in:
Understanding the dynamics and effects of domestic abuse
Identifying signs of employees living with abuse
Reviewing workplace impact through case studies
Recommending appropriate outreach to those in need
Identifying internal and external resources for the team, employees, and organization
IV. Through your response team, develop and roll out a Non-Violence Policy Statement that says:
We will provide a workplace free of threats, fear, and violence
We will respond and react to threats and potential violence
We will support our employees to access resources to assist with violent and abusive
situations
V. Define the roles of Managers and Supervisors, Loss Prevention, Security, Human Resources,
EAP, and other identified responders when domestic abuse cases come forward.
Provide training to all parties who will play key roles
Emphasize goals of increasing safety for abused employee and accountability for abusive
employees
Create response protocols
Define confidentiality and protocol for determining who may need to know certain
information and how that information is to be shared and documented
Encourage her/him to talk about the abuse with their doctor and have it documented in
medical records
Remind her/him that domestic violence is a crime and to consider calling law
enforcement
Offer the option of a protection from abuse order
Help the person connect with the local domestic abuse agency for assistance with all of
the above
Source: Maine Coalition to End Domestic Violence, 104 Sewall Street, Augusta, Maine 04333,
www.mcedv.org.
Appendix B
The U.S. Congress Office for Technology Assessment defines honesty and integrity tests as written tests
designed to identify individuals applying for work in such jobs who have relatively high propensities to
steal money or property on the job, or who are likely to engage in behavior of a more generally
counterproductive nature. Counterproductivity in this context often includes types of time theft,
e.g., tardiness, sick leave abuse, and absenteeism.
Source: U.S. Congress, Office of Technology Assessment. The Use of Integrity Tests for Pre-Employment
Screening, OTA-SET-442 Washington, DC: U.S. Government Printing Office, September, 1990. Retrieved
from http://www.theblackvault.com/documents/ota/Ota_2/DATA/1990/9042.PDF
Domestic Violence Toolkit
Best Practices for Employers Responding to
Domestic Violence Abusers in the Workplace
Page 17 of 19
Appendix C
I. OVERVIEW
All applicants for employment at our company must report on their application form whether they have any prior
criminal convictions. Successful applicants must also sign a Release Form that authorizes the company to conduct
criminal background checks. The criminal background investigation may result in employment offers to applicants
being rescinded and, in cases where employees have started work, employees being terminated. These guidelines
are intended to clarify this process for leadership and to ensure consistency and fairness in our companys hiring
practices.
II. THE EMPLOYMENT SCREENING PROCESS
Conviction Timeframe Decision
1. Class A, B or C crimes in Maine. Felony Within last 25 Ineligible for employment.
convictions in other states. years
2. Class A, B or C crimes in Maine. Felony 25+ years ago Subject to review to determine eligibility for employment.
convictions in other states.
3. Class D crimes in Maine and comparable Within last 5 Ineligible for employment.
class misdemeanors in other states. years
4. Class E crimes in Maine and Within last 5 Review seriousness of offense to determine eligibility for
comparable class misdemeanors in other years employment.
states
5. Class D and E crimes in Maine and More than 5 Review seriousness of offense to determine eligibility for
comparable class misdemeanors in other years ago employment.
states unlimited
Nondisclosure on Forms
Conviction Timeframe Decision
1. Failure to disclose Class A, B or C crimes Unlimited Ineligible for employment.
in Maine and comparable convictions in
other states
2. Failure to disclose Class D and E crimes Within last 5 Ineligible for employment.
in Maine and comparable convictions in years
other states
3. Failure to disclose Classes D and E More than 5 Review seriousness of offense to determine eligibility for
crimes in Maine and comparable years ago employment.
convictions in other states
Warrants/Pending Charges
1. Active warrants for arrest for any class of Unlimited Applicant must resolve issue before further consideration
crime for employment. If conviction results from warrant, then the
seriousness and date of the offense(s) will be reviewed to
determine eligibility.
2. Pending charges Unlimited If an applicant has a pending charge(s), he/she will not be
permitted to start employment until the charges have been
adjudicated. At that time, the seriousness and date of
offense(s) will be reviewed to determine eligibility. If the
individual is employed, the seriousness of the offense(s)
and the impact on the business will determine whether the
employee remains at work, or is placed on unpaid leave
pending resolution of the charges.
Domestic Violence Toolkit
Best Practices for Employers Responding to
Domestic Violence Abusers in the Workplace
Page 18 of 19
Appendix D
Appendix E
Appendix F
Silent Storm: Intimate Partner Violence and Stalking The Impact on the Workplace
Intimate partner violence is pervasiveaffecting 1 in 4 women in this country. Recent reports indicate that
intimate partner violence has already entrenched itself in every mid- to moderate-size company at a cost
of over $4 billion per year in lost productivity, increased healthcare costs, and absenteeism. To help
organizations manage this growing problem, the Center for Personal Protection and Safety is proud to
announce the release of Silent Storm, an instructional video training program designed to increase
awareness of intimate partner violence and provide tools to increase safety in the workplace. Available in
DVD format from The Richardson Company: http://www.rctm.com/Products/workplaceviolence/8867.htm
Acknowledgments
revised 12.6.10
Domestic Violence Toolkit
Workplace Safety Plan
Page 1 of 3
This material was adapted from the publication entitled, The Workplace Responds to Domestic Violence:
A Resource Guide for Employers, Unions, and Advocates, produced by the Family Violence Prevention Fund.
Edited by Donna Norton, Esq., Stephen T. Moskey, Ph.D., and Elizabeth Bernstein.
Domestic Violence Toolkit
Workplace Safety Plan
Page 2 of 3
Domestic violence advocates are available 24-hours a day to provide free and
confidential assistance to victims/survivors. In Maine, the Domestic Violence Helpline
number is 1-866-83- 4HELP. The victim/survivor may benefit from speaking with a
domestic violence advocate about the following personal safety planning ideas.
The advocate may ask some of the following questions when discussing safety with the
victim/survivor:
If the victim/survivor has had the perpetrator evicted or is living alone, she/he may want
to consider:
If the victim/survivor is leaving the perpetrator, s/he may review the following:
How and when can you most safely leave? Is transportation available? Is money
available? Do you have a place to go?
Is the place you are fleeing to safe?
Are you comfortable calling the police in an emergency?
Who will you tell or not tell about leaving?
This material was adapted from the publication entitled, The Workplace Responds to Domestic Violence:
A Resource Guide for Employers, Unions, and Advocates, produced by the Family Violence Prevention Fund.
Edited by Donna Norton, Esq., Stephen T. Moskey, Ph.D., and Elizabeth Bernstein.
Domestic Violence Toolkit
Workplace Safety Plan
Page 3 of 3
If the victim/survivor is staying with the perpetrator, s/he may review the following:
Birth certificates ~ Social security cards ~ Marriage and drivers licenses and car
title ~ Bank account number, credit and ATM cards, savings passbooks ~
Lease/rental agreements, house deed, mortgage papers ~Insurance information
and forms ~ School and health records ~ Welfare and immigration documents ~
Medications and prescriptions ~ Divorce papers or other court documents ~ Phone
numbers and addresses for family, friends, and community agencies ~ Clothing and
comfort items for her/him and the children ~ Keys ~ Copy of protection/abuse
order
This material was adapted from the publication entitled, The Workplace Responds to Domestic Violence:
A Resource Guide for Employers, Unions, and Advocates, produced by the Family Violence Prevention Fund.
Edited by Donna Norton, Esq., Stephen T. Moskey, Ph.D., and Elizabeth Bernstein.
Domestic Violence Toolkit
Employment Laws
Page 1 of 1
Maine law protects employed victims of domestic violence through Bureau of Labor Standards and Bureau of
Unemployment Compensation statutes. These laws are useful tools for employers when victims need special
assistance in the workplace.
Employers should ensure that their workplaces are in compliance with these laws, and that victims of domestic
violence are made aware of the protections available to them.
Employers must grant reasonable and necessary leave from work if an employee or employees daughter, son,
parent, or spouse is a victim of domestic violence, sexual assault, or stalking.
The employee can use this leave to prepare for and attend court proceedings; receive medical treatment; or
obtain necessary services to remedy a crisis caused by domestic violence, sexual assault, or stalking.
Exceptions to this would include the following: if the leave would cause the employer to sustain undue hardship
from the employees absence; if the request for leave is not communicated to the employer within a reasonable
time under the circumstances; or if the requested leave is impractical, unreasonable, or unnecessary based on
the facts then known to the employer.
Unemployment Compensation
Disqualification: An individual who voluntarily leaves work may not be disqualified from receiving benefits if the
leaving was necessary to protect the claimant from domestic abuse and the claimant made all reasonable
efforts to preserve the employment.
Misconduct: Misconduct may not be found solely on actions taken by the employee that were necessary to
protect the claimant or an immediate family member from domestic violence if the employee made all
reasonable efforts to preserve the employment.
Please note: Unemployment claims resulting from domestic violence are charged to the general unemployment
fund, not to the individual business from which the worker was employed. For more information contact the Maine
Unemployment Benefits Division at (207) 287-3805. To reach an Unemployment Call Center call 1-800-593-7660 or
TTY, 1-888-457-8884.
Domestic Violence Toolkit
Workplace Policy on Domestic Violence, Sexual Assault and Stalking
Page 1 of 14
COMPANY XYZ
Please note: This domestic violence workplace policy
was implemented with consultation and training assistance
from the Maine Coalition to End Domestic Violence.
Please contact your local domestic violence project or
the Maine Coalition to End Domestic Violence for appropriate
supervisory and management training to support your policy.
POLICY CONCERNING WORKPLACE RESPONSE TO DOMESTIC VIOLENCE, SEXUAL ASSAULT,
AND STALKING
I. PURPOSE
Given that domestic violence is a serious public policy concern Company XYZ
recognizes its obligation as an employer to provide special assistance to victims of
domestic violence, sexual assault, and stalking.
Company XYZ recognizes that domestic violence can be a workplace issue for both
victims and abusers. Domestic violence does not stay at home when employees go
to work, and victims can be especially vulnerable while they are at work.
Confidentiality
Response and Assistance to Employees Who are Victims
Response and Assistance to Employees Who are Perpetrators
Training and Outreach
Non-Retaliation
Domestic Violence, Sexual Assault, Batterers Intervention, and Employee
Assistance Program resources are attached to this policy.
Company XYZ will not tolerate domestic violence, sexual assault or stalking in the
workplace, and will take action to prevent and correct the misuse of the companys
resources in connection with domestic violence, sexual assault or stalking, including
harassment or violent or threatening behavior that may result in physical or
emotional injury to any employee, while in offices, facilities, work sites, vehicles,
conducting company business, or traveling on behalf of the company.
Domestic Violence Toolkit
Workplace Policy on Domestic Violence, Sexual Assault and Stalking
Page 2 of 14
II. DEFINITIONS
F. Company Resources: Including, but not limited to, workplace telephones, cell
phones or pagers, facsimile machines, mail, electronic mail, a company vehicle,
a company credit card, a firearm, or other company employees.
IV. CONFIDENTIALITY
The company seeks to offer support and referrals for assistance to victims who
disclose concerns or request help. Disclosures may be made to any supervisor or
Responder with whom a victim is comfortable.
Co-workers are often the first to notice that a fellow employee may be
experiencing personal difficulties related to domestic violence, sexual assault or
stalking.
A. Resources
A supervisor or Responder will provide referral information to victims, which may
include:
B. Security
If any person is in imminent danger in the workplace, that person, a co-worker, the
persons supervisor, or any other person in a supervisory or managerial position
should notify building security or local law enforcement.
C. Safety Planning
The company will work with victims to develop an individualized workplace safety
plan when necessary. The safety plan may include, but is not limited to, the
following measures:
E. Court Orders
Victims are encouraged to disclose the existence of Temporary or Permanent
Orders for Protection from Abuse or Harassment to any supervisor or Responder,
particularly where the order includes a provision that the perpetrator is not to have
contact with the victim at the victims place of employment.
F. Work Performance
When a victim has performance or conduct problems as a result of domestic
violence, sexual assault or stalking, the company will offer support and an
opportunity to correct the problems. Supervisors may develop a work plan with the
employee to assist and support the employee in meeting performance
expectations.
Nothing in this policy alters the authority of this company to establish performance
expectations, counsel employees, impose discipline, reassign duties, place an
employee on leave, or take other action as it deems appropriate.
A. On Duty
Any employee who commits domestic violence, sexual assault or stalking in the
workplace (see definition) will be subject to corrective or disciplinary action, up to
and including termination.
In addition, any employee who uses any company resource (see definition) at any
time or place to commit domestic violence, sexual assault or stalking will be subject
to corrective or disciplinary action, up to and including termination.
B. Off Duty
Any employee who is: (i) found by the company to have engaged in domestic
violence, sexual assault or stalking; or (ii) arrested, convicted, or named as a
defendant in a protective order as a result of domestic violence, sexual assault or
stalking, may be subject to corrective or disciplinary action, up to and including
termination when such action has a nexus/connection to the employees
employment with the company.
C. Protective Orders
Any employee who is named as a defendant must disclose any order from
protection from abuse or harassment, any court order, or any condition of bail or
probation applicable to the employee that includes:
1. Conditions that may interfere with the employees ability to perform job
duties; or
2. Conditions prohibiting or limiting contact with other employees of this
company.
The employee must disclose the above information to his/her supervisor and/or
designated personnel in the HR Department at the beginning of the employees
next scheduled work day.
Domestic Violence Toolkit
Workplace Policy on Domestic Violence, Sexual Assault and Stalking
Page 7 of 14
Failure to provide the above information may result in disciplinary action up to and
including termination.
VII. NON-RETALIATION
A. POLICY DISTRIBUTION
This policy will be distributed to all persons covered by this policy, will be posted at
all company facilities, and will be posted to the companys web site.
Each person covered by this policy shall sign a statement acknowledging that the
person has received and read the policy. Employees statements will be retained in
personnel files. Statements signed by other persons covered by this policy will be
retained by the persons primary contact at the company.
B. TRAINING
1. All current employees will receive policy awareness training. All new employees
will receive training as part of New Employee Orientation.
3. To carry out the purpose of this policy, the company will establish an ongoing
Training and Outreach Committee. The committee will provide opportunities for
education and discussion on domestic violence, sexual assault, and stalking
issues. Such opportunities may include Lunch and Learn sessions, speakers, and
a lending library.
IX. POLICIES
The company also has policies covering Equal Employment Opportunity/ Affirmative
Action, Harassment, and E-Mail Usage and Management.
Domestic Violence Toolkit
Workplace Policy on Domestic Violence, Sexual Assault and Stalking
Page 8 of 14
X. CONCLUSION
1-800-EAP-HELP
________________________________
Admin.: 207-430-8334
E-mail: info@mcedv.org
Look on the web at: www.mcedv.org
Aroostook County
HOPE AND JUSTICE PROJECT
421 Main St, Suite 2, Presque Isle, ME 04769
Hotline: 1-800-439-2323
E-mail: info@hopeandjusticeproject.org
Look on the web at: www.hopeandjusticeproject.org
Admin.: 207-764-2977
York County
CARING UNLIMITED
P. O. Box 590, Sanford, ME 04073
Penobscot County
SPRUCE RUN
P. O. Box 653, Bangor, ME 04402-0653
E-mail: info@nextstepdvproject.org
Look on the web at: www.nextstepdvproject.org
Piscataquis County
Domestic Violence Toolkit
Workplace Policy on Domestic Violence, Sexual Assault and Stalking
Page 11 of 14
WOMANCARE
P. O. Box 192, Dover-Foxcroft, ME 04426
Hotline: 1-888-564-8165
Admin. & Hotline: 207-564-8165
E-mail: wmncare@wmncare.org
Look on the web at: www.wmncare.org
________________________________
WABANAKI TRIBES OF MAINE DOMESTIC VIOLENCE AND SEXUAL ASSAULT SERVICES
Tengo Voz
207-553-2252
Franklin County
SEXUAL ASSAULT VICTIMS EMERGENCY SERVICES
P. O. Box 349, Farmington, ME 04938
Hotline: 1-800-871-7741
Office: 207-778-9522
Domestic Violence Toolkit
Workplace Policy on Domestic Violence, Sexual Assault and Stalking
Page 13 of 14
Androscoggin County
SEXUAL ASSAULT CRISIS CENTER
P. O. Box 6, Auburn, ME 04212
Hotline: 1-800-871-7741
Office: 207-784-5272
Oxford County
RAPE EDUCATION AND CRISIS HOTLINE
P. O. Box 300, South Paris, ME 04281
Hotline: 1-800-871-7741
Office: 207-743-9777
Aroostook County
SEXUAL TRAUMA AND RECOVERY SERVICES
162 Main Street, Presque Isle, ME 04769
Hotline: 1-800-550-3304 or 1-800-871-7741
Office: 1-207-762-4851
_______________________________
Aroostook County
RESOURCE FOR CHANGE
207-694-3066
Cumberland County
A DIFFERENT CHOICE
207-632-1886
Oxford County
ANOTHER WAY
207-786-0734
Penobscot County
BATTERERS INTERVENTION PROGRAM
1-800-640-1211
Piscataquis County
DV CLASSES FOR MEN/
CHARLOTTE WHITE COUNSELING CENTER
1-800-260-9765
Washington County
DOMESTIC ABUSE EDUCATION PROGRAM
207-255-4460
York County
VIOLENCE NO MORE
207-283-8574
revised 5.10.11
Discussion Guide
Domestic Violence Toolkit
Viewer Guide
Page 1 of 2
Pre-Viewing Considerations
Domestic violence and abuse can be an emotionally upsetting topic. Community
resources are available for you to talk about any reactions you may have. In Maine,
call the Statewide Domestic Violence Helpline at 1-866-834-HELP to access a local
domestic violence program advocate. Nationwide, call the National Domestic
Violence Hotline at 1-800-799-SAFE. For group viewing, it may be helpful for the
facilitator of the group to take a few moments to prepare the audience, keeping in
mind the likelihood that the audience includes people who have personally
experienced domestic violence and abuse. Make local domestic abuse program
resource information available, and create a comfortable environment for viewing,
with easily accessed exits and identified support persons on site.
Caution: If your workplace is struggling with how to reach out to a particular
employee believed to currently be experiencing or perpetrating domestic violence
and abuse, consult with your local domestic violence agency about how best to
connect with that person prior to engaging a larger group in discussions, training,
and policy development.
Consider/discuss the organizational goals in viewing the video:
Does this video introduce a topic that is new to the workplace or is the
organization already aware of domestic violence as a workplace issue?
Is this video intended to support the creation of a comprehensive workplace
response to domestic violence, including a policy and procedures? Will it
supplement existing policies?
What is the commitment of leadership to addressing this issue and creating a
safe and healthy workplace for all employees?
What workplace resources are vulnerable to misuse by domestic violence
abusers?
Post-Viewing Questions
How does addressing domestic violence in the workplace represent a change in
approach for employers who traditionally may expect employees to check their
personal lives at the door?
What are some ways that abuser behavior on-duty or off-duty might impact your
workplace?
What is your goal as a workplace in addressing domestic violence abusers in the
workplace?
What resources are available to assist you in developing a policy and procedures to
address domestic violence abusers and the workplace as a part of a
comprehensive response that also addresses the needs of survivors of domestic
violence at the workplace? How can you collaborate with law enforcement,
security, local or national domestic abuse organizations, etc.?
How can you tailor each of the best practices to best suit your workplace?
1. Engage the local/statewide domestic violence prevention organization
Domestic Violence Toolkit
Viewer Guide
Page 2 of 2
2. Develop policy and procedures
3. Provide employee training and education
4. Screen potential employees for abuse and violence and again during changes
in job status
5. Evaluate information from a criminal background check
6. Orient new employees to the workplace culture
7. Screen employees for abuse and violence during changes in job status
8. Investigate internal/external allegations of abuse and respond
9. Comply with civil orders of protection
10. Develop protocol for separation of employment
Would your employees benefit from domestic violence and the workplace training
and/or policy consultation, available through the Maine Coalition to End Domestic
Violence, to assist in the creation of a comprehensive workplace response that
addresses both the impact of domestic violence abusers on the workplace as well
as the needs of victims/survivors at the workplace?
What are your next steps?
Other Resources
Domestic Violence Toolkit
Additional Resources
Page 1 of 2
Additional Resources
Maine
National
Legal Momentum
395 Hudson Street, New York, NY 10014
TEL: 212-925-6635
Online: www.legalmomentum.org
This video toolkit would not exist were it not for the efforts of dedicated community partners. The Maine
Coalition to End Domestic Violence (MCEDV) particularly thanks Ellen Ridley, formerly of Family Crisis Services,
for her vision of the role employers can play in the coordinated community response to domestic violence.
Through her efforts, along with the collaborative team, employers now have the tools to respond more
effectively and safely to domestic violence abusers and to support a culture change regarding domestic
violence in the workplace.
The Best Practices principles are the heart of this project. This work was accomplished through Ellens
leadership with a subcommittee of advisory committee members who addressed the challenges that
employers face when domestic violence abusers are present in their workforces. Thanks to:
Tracey G. Burton, Esq., General Dynamics Corporation, (Bath Iron Works)
Kate Faragher Houghton, JD, consulting in violence prevention, formerly of Family Violence Project
Joyce Oreskovich, Esq., Office of Employee Relations, State of Maine Bureau of Human Resources*
Tim Parker, L.L. Bean, Inc
Wendy Scribner, Hancock Lumber Company, Inc.
Francine Garland Stark, Hope and Justice Project, MCEDV, and formerly of Spruce Run
Thanks to the Advisory Committee and to the additional employers who participated in the video:
Robert Cornett, Wright Express
Laura Fortman, former Commissioner, Maine Department of Labor
Rebecca Henry, Esq., American Bar Association
Susan Herman, Esq., Maine Office of the Attorney General
Gary Hammond, Hammond Tractor
Anne Jordan, Esq., former Commissioner, Maine Department of Public Safety
Veronica Lakner, Esq., American Bar Associations Commission on Domestic Violence
Catherine Lamson, Maine Employers Mutual Insurance Company
Meg LePage, Esq., Pierce Atwood
Cynthia Lobikis, General Dynamics Corporation (Bath Iron Works)
Mary Lucia, Maine Department of Public Safety
Faye Luppi, Violence Intervention Partnership, Cumberland County Government
Leslie Manning, formerly of the Maine Department of Labor
Jessica Maurer, Esq., formerly of the Maine Office of the Attorney General
John Rioux, Maine Department of Labor
Robin Runge, Esq., University of North Dakota
David Scheidt, University of Maine at Orono
Laurel Shippee, Office of Employee Relations, State of Maine Bureau of Human Resources
Kate Simmons, Esq., Maine Office of the Attorney General
Sue Strasenburgh, Peerless Painting
MaryAnne Turowski, Maine State Employees Association SEIU
Kim Wells, Corporate Alliance to End Partner Violence
Nicky Blanchard, formerly of MCEDV
Julia Colpitts, MCEDV
This video toolkit is a project of the Maine Coalition to End Domestic Violence: script and toolkit writer Kate
Faragher Houghton, project manager Faye Luppi, video editor Dan Osgood, Department of Labor liaison,
Adam Fisher.
Grant funding for this project was provided by the Maine Department of Labor, Bath Iron Works, the Maine
Womens Fund, Verizon, and Wright Express. Filming and editing services for this video were donated by Time
Warner Cable including the efforts of Scott McIlwain and Peter DeWitt.
are abusers employed for employer assis
tance, contact
at your workplace?
Maine Coaliti
End Domestic Vion to
responding to domestic violence
104 Sewall Street
| Au
olence
207-430-8334 | wwgusta, ME 04330
domestic violence WHAT YOU CAN DO ABOUT IT
Abusers
w.mcedv.org
l assistanc
e with creating a
comprehensive
workplace respon
employer best practices to domestic viole se
recognize
nce
l training
1. Engage the statewide or local domestic violence
l resource
in the workplace
program as a partner in development, training, and s
respond
l policy co
ongoing consultation regarding domestic abuse in nsultation
the workplace.
refer
2. Develop a domestic violence policy and
corresponding standard operating procedures to
support the policy. for additional reso
urces, contact
3. Develop a comprehensive domestic violence Maine Departm
training program. At a minimum, the program ent of Labor DOMESTIC VIOLENCE ABUSERS:
54 State Ho
use Station
should include baseline training for all supervisors, 207-623-7900 | ww | Augusta, ME 04333 Misuse workplace resources such as
w.maine.gov/labo
managers, team leaders, security, human resource l copies of this tool r telephones, e-mail, and vehicles, to perpetrate
personnel, and employee assistance program kit and video abuse
l additional empl
providers, whether in-house or contracted. oyer training promoting a culture of
opportunities Experience decreased concentration and
4. Screen potential employees for violent and abusive l extensive employ SAFETY overall job performance
ment resources
behaviors. ACCOUNTABILITY Present safety risks by causing accidents or
5. Evaluate information gathered in the criminal PRODUCTIVIT Y near-misses
background check process in a comprehensive,
Lose work time because of violence,
consistent manner.
incarceration, or legal proceedings resulting
6. Orient your new employee to the respectful filming and editing from the abuse
workplace culture within the first few weeks of hire provided by
and continue to reinforce this message throughout
Affect the bottom lines of their employers
the employees tenure. Place employers at risk for legal liability due
7. Screen for violent and abusive conduct during
to employees abusive behaviors
changes in job status, such as promotion or transfer.
CHANGE YOUR
8. Investigate both internal and external allegations WORKPLACE CULTURE
of abusive, threatening, harassing, and/or violent
Management sets clear expectations for
conduct that affects the workplace, and respond
employee behavior
with an appropriate measure of accountability.
Employees are supported and held
9. Comply with service and requirements of civil orders
accountable
of protection.
a video toolkit
10. Develop a protocol for a separation of employment
People feel comfortable coming forward to
that incorporates safety of all personnel and a
talk about abuse
respectful process for the terminated worker.
for employers Management actively works to minimize safety risks
due to domestic violence
The organization protects employee productivity
and the bottom line
On Duty
Any employee who commits domestic violence in the
workplace will be subject to corrective or disciplinary resources
sample policy action, up to and including termination.
Domestic Violence & the Workplace (ME & US)
language In addition, any employee who uses any employer
resource at any time or place to commit domestic
www.abanet.org/domviol
what is
RESPONSE AND action, up to and including termination. www.employersagainstdomesticviolence.org
www.endabuse.org
ASSISTANCE
Off Duty
domestic violence
www.legalmomentum.org
Any employee who is: found by the employer to have
www.myworkplacehelp.com
and abuse?
engaged in domestic violence; or arrested, convicted,
TO EMPLOYEES
www.peaceatwork.org
or named as a defendant in a protective order as
www.workplacesrespond.org
intimidation Employee Assistance Program. Conditions that may interfere with the employees www.maine.gov/corrections/
VictimServices/BatIntervent.htm
ability to perform job duties, or
l verbal abuse and threats
If an employee is concerned that a Conditions prohibiting or limiting contact with
stalking co-worker is a perpetrator of domestic other employees l
contact your loca
l
e
l isolation
violence, the employee should notify any The employee must disclose the above information to
domestic violenc
organization
supervisor or human resources staff who a supervisor or human resources staff at the beginning
l harm to children will determine the appropriate course of of the employees next scheduled work day.
Domestic
action. The employee is discouraged from Failure to provide the above information may result in Maine call the Statewide
l economic contro
l Violence Helplin
e:
confronting the co-worker directly. disciplinary action up to and including termination. 357)
866-834-HELP (4
destruction of personal property l Domestic
call the Nationa
l
U.S. tlin e:
Violence Ho
animal cruelty 1-800-799-SAFE
(7233)
address:
l
This poster describes some important parts of the laws. A copy of the actual
laws or formal interpretations may be obtained from the Maine Department
of Labor by calling (207) 623-7900.